Employment Tribunals and EAT Statistics, 2010-11

1 April 2010 to 31 March 2011

1 September 2011 Alternative format versions of this report are available on request from the Her Majesty’s Courts and Tribunals Service by emailing tsstats@hmcts.gsi.gov.uk.

© Crown copyright Produced by the Ministry of Justice Contents

Introduction 3 Key Findings 4 Tables 7 Explanatory Notes 15 Data quality and sources 16 Definitions 17 Table conventions 19

Tables

Table 1 Claims Accepted by Employment Tribunals, 2008-09 to 2010-11. Table 2 Employment Tribunals Disposals and Outcomes of Jurisdictions, 2008-09 to 2010-11. Table 3 Details of Unfair Dismissal Claims Disposed of at a Hearing, 2010-11 Table 4 Representation of Claimants at Employment Tribunals, 2008-09 to 2010-11 Table 5 Compensation Awarded by Tribunals, cases with Unfair Dismissal jurisdiction, 2010-11 Table 6 Compensation Awarded by Tribunals, cases with Race Discrimination jurisdiction, 2010-11 Table 7 Compensation Awarded by Tribunals, cases with Sex Discrimination jurisdiction, 2010-11 Table 8 Compensation Awarded by Tribunals, cases with Disability Discrimination jurisdiction, 2010-11 Table 9 Compensation Awarded by Tribunals, cases with Religious Discrimination jurisdiction, 2010-11 Table 10 Compensation Awarded by Tribunals, cases with Sexual Orientation Discrimination jurisdiction, 2010-11 Table 11 Compensation Awarded by Tribunals, cases with Age Discrimination jurisdiction, 2010-11 Table 12 Costs Awarded in Employment Tribunals Cases, 2010-11 Table 13 Summary of Receipts and Disposals at EAT, 2010-11 Table 14 Cases Dealt with at Preliminary Hearings at EAT, 2010-11 Table 15 Appeals Disposed of by EAT at a full hearing, 2010-11 Table 16 EAT Appeals Withdrawn, 2010-11 Introduction

This report presents information on Employment Tribunals (ET) and Employment Appeal Tribunal (EAT) activity for the period 1 April 2010 to 31 March 2011. This is the third statistical bulletin in this series. Key Findings are on page 4. Definitions of some of the key terms used in this report, along with other background information about these statistics, can be found from page 7 onwards.

Annual statistics about the work of all tribunals run by HM Courts and Tribunals Service during this period, and quarterly statistics for the period January to March 2011, were published on 30 June 2011 and can be found on the Ministry of Justice (MoJ) website at the following two locations:

http://www.justice.gov.uk/publications/statistics-and-data/tribunals/annual-stats.htm.

http://www.justice.gov.uk/publications/statistics-and-data/tribunals/quarterly.htm

Monthly statistical notices presenting data for the Social Security and Child Support tribunal have been published for January 2011 onwards. These are also available from the MoJ website at:

http://www.justice.gov.uk/publications/statistics-and-data/tribunals/sscs-stats.htm Key Findings

The Employment Tribunals are independent judicial bodies who determine disputes between employers and employees over employment rights. The 2010-11 figures for Employment Tribunals show an 8% fall in the number of claims received when compared with the previous year, but a 9% rise in the number disposed of.

Claims received

- There were 218,100 receipts (claims) to Employment Tribunals (ET) between 1 April 2010 and 31 March 2011, an 8% fall compared to 2009-10, but an increase of 44% on those in 2008-09.

- In 2010-11, there were 60,600 single accepted claims – down by 15% on the previous year and 157,500 multiple accepted claims (a fall of 4% on 2009-10). Figure 1 shows the variation in single and multiple accepted claims (receipts) since 2001-02.

Figure 1: Single and Multiple Accepted ET Claims, 2000-01 to 2010-11

![Graph showing single and multiple accepted ET claims from 2000/1 to 2010/11.](image)

Note: Figures for 2007-08 are estimated. Source: ET Reports

Claims disposed of

- Employment Tribunals disposed of 122,800 cases during 2010-11, 9% more than in 2009-10 and 33% more than in 2008-09.

______________________________________________________________________

1 There may be a small undercount in ET disposals because of changes to computer systems during the year. The rise in disposals was seen in multiple cases – increasing by 27% from 2009-10 to 2010-11, whilst there was a 3% fall in disposed single cases over the same period.

**Jurisdictional Complaints received and disposed of**

- A claim can contain a number of grounds, known as jurisdictional complaints. In any hearing, the tribunal has to decide upon the merits of the claim made under each jurisdiction. For ET, the number of jurisdictional claims(^2) was 382,400 in 2010-11, meaning that there were on average 1.75 jurisdictional claims per case. In 2010-11, the total number of jurisdictional claims was 3% lower than in 2009-10 but 43% higher than the number in 2008-09.

- Of the 382,400 jurisdictional claims received in 2010-11, 30% were concerning Working Time Directive (largely airline cases that are resubmitted every three months), 28% were for unfair dismissal, breach of contract and redundancy (lower than in previous years) and 19% were for unauthorised deductions (Wages Act).

- Although the overall number of jurisdictional claims fell between 2009-10 and 2010-11, there were increases in claims for some jurisdictions including Working Time Directive (up 20%), Part-Time Workers Regulations (almost trebled) and Age Discrimination (up 32%)

- There were 244,000 jurisdictional claims disposed of in 2010-11, an increase of 7% as compared with last year – seen amongst Equal Pay, Working Time Directive and Unauthorised Deductions in particular.

- Of the 244,000 disposed jurisdictional claims, 39% related to Unfair Dismissal, Breach of contract and redundancy; 16% were for Unauthorised Deductions (Wages Act) and 11% were for Equal Pay.

- Examining the disposed jurisdictional claims by outcome: 32% were withdrawn; 29% were Acas Conciliated and 12% were successful at a Tribunal.

**Caseload Outstanding**

- At 31 March 2011, the caseload outstanding for ET was 484,300 - an increase of around a fifth on the number at 31 March 2010. The vast majority of the outstanding (claims awaiting resolution) are multiple claims, including about 199,000 resubmitted airline Working Time Regulation claims referred to earlier and Equal Pay claims.

______________________________________________________________________

(^2) A claim can contain a number of grounds, known as jurisdictional complaints. In any hearing, the tribunal has to decide upon the merits of the claim made under each jurisdiction. • However, for single ET claims, there has been a reduction of 16% in the caseload outstanding, between 31 March 2010 and 31 March 2011.

**Employment Appeal Tribunal**

The Employment Appeal Tribunal (EAT) hears appeals against the decisions of the Employment Tribunals. An appeal must be on a point of law, i.e. it must identify flaws in the legal reasoning of the original decision. The EAT will not normally re-examine issues of fact.

• The Employment Appeal Tribunal (EAT) received 2,048 appeals and disposed of 2,001, compared to 1,963 and 1,848 respectively in 2009-10.

• In EAT, 363 appeals were disposed of at a full hearing, compared to 403 in 2009-10.

______________________________________________________________________

3 Includes pre and post hearing disposals Table 1: Claims accepted by Employment Tribunals

| Jurisdiction Mix of claims accepted | 2008-09 | 2009-10 | 2010-11 | |-------------------------------------|---------|---------|---------| | Total Claims Accepted | 151,000 | 236,100 | 218,100 | | Total Claims Initially Rejected | 10,600 | 4,100 | 1,400 | | Of the total, those that were resubmitted and subsequently accepted | 2,900 | 1,300 | 210 | | Of the total, those that were resubmitted and not accepted or never resubmitted | 7,700 | 2,800 | 1,100 |

| NATURE OF CLAIM | 2008-09 | 2009-10 | 2010-11 | |-----------------|---------|---------|---------| | Unfair dismissal| 52,700 | 57,400 | 47,900 | | Unauthorised deductions (Formerly Wages Act) | 33,800 | 75,500 | 71,300 | | Breach of contract | 32,800 | 42,400 | 34,600 | | Sex discrimination | 18,600 | 18,200 | 18,300 | | Working Time Directive | 24,000 | 95,200 | 114,100 | | Redundancy pay | 10,800 | 19,000 | 16,000 | | Disability discrimination | 6,600 | 7,500 | 7,200 | | Redundancy - failure to inform and consult | 11,400 | 7,500 | 7,400 | | Equal pay | 45,700 | 37,400 | 34,600 | | Race discrimination | 5,000 | 5,700 | 5,000 | | Written statement of terms and conditions | 3,900 | 4,700 | 4,000 | | Written statement of reasons for dismissal | 1,100 | 1,100 | 930 | | Written pay statement | 1,100 | 1,400 | 1,300 | | Transfer of an undertaking - failure to inform and consult | 1,300 | 1,800 | 1,900 | | Suffer a detriment / unfair dismissal - pregnancy | 1,800 | 1,900 | 1,900 | | Part Time Workers Regulations | 660 | 530 | 1,600 | | National minimum wage | 600 | 500 | 520 | | Discrimination on grounds of Religion or Belief | 830 | 1,000 | 880 | | Discrimination on grounds of Sexual Orientation | 600 | 710 | 640 | | Age Discrimination | 3,800 | 5,200 | 6,800 | | Others | 9,300 | 8,100 | 5,500 |

Total 266,500 392,800 382,400

______________________________________________________________________

4 A claim may be brought under more than one jurisdiction or subsequently amended or clarified in the course of proceedings but will be counted only once.

5 The figures from 2009-10 reflect the repeal of the pre-existing statutory three step procedures for dealing with discipline, dismissal and grievance issues, set out in the employment Act 2002 on 6th April 2009.

6 These figures include approximately 84,000 resubmitted multiple claims in 2010-11. Table 2: Employment Tribunal Cases disposed and outcomes of jurisdictions in 2010-2011

| JURISDICTION MIX OF TOTAL CLAIMS DISPOSED Apr 10 to Mar 11 | 2008-09 | 2009-10 | 2010-11 | |----------------------------------------------------------|---------|---------|---------| | JURISDICTIONS DISPOSED WITHDRAWN ACAS CONCILIATED SETTLEMENTS STRUCK OUT NOT AT A HEARING | | NATURE OF CLAIM | No. | No. | % | No. | % | No. | % | No. | % | | Unfair dismissal | 49,600 | 12,300 | 25% | 20,500 | 41% | 5,400 | 11% | | Wages Act | 38,200 | 12,600 | 33% | 10,400 | 27% | 3,400 | 9% | | Breach of contract | 31,800 | 7,300 | 23% | 10,300 | 32% | 2,700 | 8% | | Redundancy pay | 14,100 | 3,700 | 27% | 2,600 | 18% | 1,400 | 10% | | Sex discrimination | 15,600 | 7,600 | 49% | 4,300 | 28% | 2,500 | 16% | | Race discrimination | 4,900 | 1,400 | 28% | 1,700 | 36% | 500 | 10% | | Disability discrimination | 6,800 | 2,100 | 31% | 3,100 | 46% | 510 | 7% | | Religious belief discrimination | 850 | 250 | 29% | 290 | 34% | 93 | 11% | | Sexual orientation discrimination | 660 | 210 | 31% | 270 | 41% | 70 | 11% | | Age discrimination | 3,700 | 1,500 | 40% | 1,300 | 35% | 350 | 10% | | Working time | 24,100 | 6,300 | 26% | 7,100 | 29% | 1,900 | 8% | | Equal pay | 25,600 | 15,300 | 60% | 3,000 | 12% | 5,300 | 21% | | National minimum wage | 600 | 120 | 20% | 200 | 33% | 37 | 6% | | Others | 27,400 | 7,700 | 28% | 6,300 | 23% | 1,400 | 5% | | All 244,000 | 78,300 | 32% | 71,400 | 29% | 25,500 | 10% |

| NATURE OF CLAIM | SUCCESSFUL AT TRIBUNAL | DISMISSED AT A PRELIMINARY HEARING | UNSUCCESSFUL AT HEARING | DEFAULT JUDGEMENT | |-----------------|------------------------|------------------------------------|------------------------|-------------------| | ALL JURISDICTION CASES | No. | % | No. | % | No. | % | No. | % | | Unfair dismissal | 4,200 | 8% | 1,400 | 3% | 4,800 | 10% | 1,200 | 2% | | Wages Act | 5,400 | 14% | 670 | 2% | 2,100 | 6% | 3,600 | 9% | | Breach of contract | 5,400 | 17% | 770 | 2% | 2,300 | 7% | 3,200 | 10% | | Redundancy pay | 3,200 | 23% | 200 | 1% | 680 | 5% | 2,200 | 16% | | Sex discrimination | 290 | 2% | 200 | 1% | 590 | 4% | 87 | 1% | | Race discrimination | 150 | 3% | 260 | 5% | 800 | 16% | 48 | 1% | | Disability discrimination | 190 | 3% | 200 | 3% | 640 | 9% | 48 | 1% | | Religious belief discrimination | 27 | 3% | 53 | 6% | 120 | 15% | 12 | 1% | | Sexual orientation discrimination | 22 | 3% | 22 | 3% | 62 | 9% | 9 | 1% | | Age discrimination | 90 | 2% | 120 | 3% | 320 | 9% | 21 | 1% | | Working time | 4,400 | 18% | 530 | 2% | 1,400 | 6% | 2,600 | 11% | | Equal pay | 280 | 1% | 36 | 0% | 1,700 | 7% | 7 | 0% | | National minimum wage | 75 | 13% | 11 | 2% | 130 | 22% | 30 | 5% | | Others | 4,400 | 16% | 520 | 2% | 5,700 | 21% | 1,400 | 5% | | All 28,100 | 12% | 5,000 | 2% | 21,200 | 9% | 14,400 | 6% |

7 Percentages may not add to 100 due to rounding. 8 Previously described as DISPOSED OF OTHERWISE 9 Previously described as DISMISSED AT HEARING (OUT OF SCOPE) 10 Previously described as DISMISSED AT HEARING (OTHER REASONS) Table 3: All Unfair Dismissal Jurisdictions disposed of at a Hearing

| Cases dismissed | Number | Percentage of unfair dismissal cases proceeding to a hearing | Percentage of all unfair dismissal cases disposed of | |----------------------------------|--------|-------------------------------------------------------------|-----------------------------------------------------| | At a Preliminary Hearing | 1,400 | 13% | 3% | | Unsuccessful at hearing | 4,800 | 46% | 10% | | All cases dismissed | 6,100 | 60% | 12% |

| Cases upheld | | | | |----------------------------------|--------|-------------------------------------------------------------|-----------------------------------------------------| | Reinstatement or reengagement | 8 | 0% | 0% | | Remedy left to parties | 100 | 1% | 0% | | Compensation | 2,600 | 25% | 5% | | No award made | 1,400 | 14% | 3% | | All cases upheld | 4,200 | 40% | 8% |

| All cases proceeding to a hearing| 10,300 | 100% | 21% |

Table 4: Representation of Claimants at Employment Tribunals

| Represented by: | 2008-09 | 2009-10 | 2010-11 | |----------------------------------|---------|---------|---------| | Trade Union | 8,800 | 12,500 | 10,000 | | Lawyers | 85,900 | 161,900 | 142,700 | | No rep Information provided | 41,300 | 44,900 | 40,400 | | Other | 15,100 | 16,700 | 25,000 | | Totals | 151,100 | 236,100 | 218,100 |

______________________________________________________________________

11 Percentages may not sum due to rounding. 12 This is a snapshot of the information provided by claimants taken on 16th May 2011, and is comparable to claims accepted not jurisdictions. 13 Included: representation by Solicitors, Law centres and trade Association 14 For those individuals representing themselves, there is no need to provide information on representation. Therefore all cases where the representative information was left blank are included here. Table 5: Compensation awarded by Tribunals - cases with Unfair Dismissal jurisdictions

| No. | % | £10,000-£12,499 | No. | % | £15,000-£19,999 | |-----|----|----------------|-----|----|----------------| | \<£500 | 243 | 9% | 163 | 6% | | £500-£999 | 194 | 7% | 122 | 5% | | £1,000-£1,999 | 308 | 12% | 165 | 6% | | £2,000-£2,999 | 245 | 9% | 130 | 5% | | £3,000-£3,999 | 198 | 8% | 71 | 3% | | £4,000-£4,999 | 179 | 7% | 31 | 1% | | £5,000-£5,999 | 121 | 5% | 51 | 2% | | £6,000-£6,999 | 123 | 5% | | | | £7,000-£7,999 | 108 | 4% | | | | £8,000-£8,999 | 89 | 3% | | | | £9,000-£9,999 | 67 | 3% | | | | All | 2,608 | 100% | | |

Maximum award £181,754 Median award £4,591 Average award £8,924

Table 6: Compensation awarded by Tribunals – cases with Race Discrimination jurisdictions

| No. | % | £10,000-£12,499 | No. | % | £15,000-£19,999 | |-----|----|----------------|-----|----|----------------| | \<£500 | 0 | 0% | 2 | 3% | | £500-£999 | 6 | 8% | 2 | 3% | | £1,000-£1,999 | 9 | 13% | 9 | 13% | | £2,000-£2,999 | 4 | 6% | 8 | 11% | | £3,000-£3,999 | 7 | 10% | 2 | 3% | | £4,000-£4,999 | 3 | 4% | 3 | 4% | | £5,000-£5,999 | 4 | 6% | 3 | 4% | | £6,000-£6,999 | 6 | 8% | | | | £7,000-£7,999 | 1 | 1% | | | | £8,000-£8,999 | 2 | 3% | | | | £9,000-£9,999 | 1 | 1% | | | | All | 72 | 100% | | |

Maximum award £62,530 Median award £6,277 Average award £12,108

______________________________________________________________________

15 Compensation awarded is that of which the tribunal is aware. 16 The maximum award for compensation is limited to £68,400 from 1-2-2011. Awards may be above the maximum where they include a basic award element. 17 Compensation awarded is that of which the tribunal is aware. For awards in cases of discrimination there is no statutory cap.

### Table 7: Compensation awarded by Tribunals – cases with Sex Discrimination jurisdictions

| No. | % | £10,000-£12,499 | No. | % | |-----|----|----------------|-----|----| | \<£500 | 3 | 2% | 14 | 8% | | £500-£999 | 10 | 6% | 5 | 3% | | £1,000-£1,999 | 18 | 10% | 11 | 6% | | £2,000-£2,999 | 9 | 5% | 6 | 3% | | £3,000-£3,999 | 9 | 5% | 9 | 5% | | £4,000-£4,999 | 10 | 6% | 3 | 2% | | £5,000-£5,999 | 20 | 12% | 5 | 3% | | £6,000-£6,999 | 13 | 8% | All 173 | 100% | | £7,000-£7,999 | 14 | 8% | Maximum award | £289,167 | | £8,000-£8,999 | 9 | 5% | Median award | £6,078 | | £9,000-£9,999 | 5 | 3% | Average award | £13,911 |

### Table 8: Compensation awarded by Tribunals – cases with Disability Discrimination jurisdictions

| No. | % | £10,000-£12,499 | No. | % | |-----|----|----------------|-----|----| | \<£500 | 0 | 0% | 8 | 11% | | £500-£999 | 3 | 4% | 2 | 3% | | £1,000-£1,999 | 5 | 7% | 4 | 6% | | £2,000-£2,999 | 11 | 15% | 3 | 4% | | £3,000-£3,999 | 4 | 6% | 0 | 0% | | £4,000-£4,999 | 2 | 3% | 3 | 4% | | £5,000-£5,999 | 6 | 8% | 4 | 6% | | £6,000-£6,999 | 10 | 14% | All 72 | 100% | | £7,000-£7,999 | 2 | 3% | Maximum award | £181,083 | | £8,000-£8,999 | 3 | 4% | Median award | £6,142 | | £9,000-£9,999 | 2 | 3% | Average award | £14,137 |

### Table 9: Compensation awarded by Tribunals – case with Religious Discrimination jurisdictions

| No. | % | No. | % | |-----|----|-----|----| | \<£500 | 0 | 0% | £10,000-£12,499 | 1 | 10% | | £500-£999 | 2 | 20% | £12,500-£14,999 | 2 | 20% | | £1,000-£1,999 | 0 | 0% | £15,000-£19,999 | 0 | 0% | | £2,000-£2,999 | 0 | 0% | £20,000-£29,999 | 1 | 10% | | £3,000-£3,999 | 0 | 0% | £30,000-£39,999 | 0 | 0% | | £4,000-£4,999 | 0 | 0% | £40,000-£49,999 | 0 | 0% | | £5,000-£5,999 | 2 | 20% | £50,000+ | 0 | 0% | | £6,000-£6,999 | 1 | 10% | All 1 | 0 | 100% | | £7,000-£7,999 | 1 | 10% | Maximum award | £20,221 | | £8,000-£8,999 | 0 | 0% | Median award | £6,892 | | £9,000-£9,999 | 0 | 0% | Average award | £8,515 |

### Table 10: Compensation awarded by Tribunals – cases with Sexual Orientation Discrimination jurisdictions

| No. | % | No. | % | |-----|----|-----|----| | \<£500 | 0 | 0% | £10,000-£12,499 | 1 | 8% | | £500-£999 | 0 | 0% | £12,500-£14,999 | 0 | 0% | | £1,000-£1,999 | 3 | 25% | £15,000-£19,999 | 1 | 8% | | £2,000-£2,999 | 0 | 0% | £20,000-£29,999 | 2 | 17% | | £3,000-£3,999 | 1 | 8% | £30,000-£39,999 | 0 | 0% | | £4,000-£4,999 | 0 | 0% | £40,000-£49,999 | 1 | 8% | | £5,000-£5,999 | 2 | 17% | £50,000+ | 0 | 0% | | £6,000-£6,999 | 1 | 8% | All 1 | 2 | 100% | | £7,000-£7,999 | 0 | 0% | Maximum award | £47,633 | | £8,000-£8,999 | 0 | 0% | Median award | £5,500 | | £9,000-£9,999 | 0 | 0% | Average award | £11,671 |

### Table 11: Compensation awarded by tribunals – cases with Age Discrimination jurisdictions

| No. | % | £10,000-£12,499 | £12,500-£14,999 | £15,000-£19,999 | £20,000-£29,999 | £30,000-£39,999 | £40,000-£49,999 | £50,000+ | All | |---------|----|----------------|----------------|----------------|----------------|----------------|----------------|----------|------| | \<£500 | 0 | 0% | | | | | | | | | £500-£999 | 0 | 0% | | | | | | | | | £1,000-£1,999 | 6 | 23% | | | | | | | | | £2,000-£2,999 | 1 | 4% | | | | | | | | | £3,000-£3,999 | 0 | 0% | | | | | | | | | £4,000-£4,999 | 1 | 4% | | | | | | | | | £5,000-£5,999 | 2 | 8% | | | | | | | | | £6,000-£6,999 | 0 | 0% | | | | | | | | | £7,000-£7,999 | 0 | 0% | | | | | | | | | £8,000-£8,999 | 1 | 4% | | | | | | | | | £9,000-£9,999 | 0 | 0% | | | | | | | | | All | 2 | 8% | | | | | | | 100%|

### Table 12: Costs awarded in Employment Tribunals cases

| COSTS TO Awarded to | No. OF CASES | COSTS TO Awarded to | No. OF CASES | |---------------------|--------------|---------------------|--------------| | Claimant | Respondent | Claimant | Respondent | | < £200 | 13 | 28 | 3 | 19 | | £201-£400 | 6 | 33 | 3 | 37 | | £401-£600 | 15 | 44 | 0 | 4 | | £601-£800 | 12 | 16 | All | 132 | 355 | | £801-£1,000 | 12 | 42 | | | | £1,001-£2,000 | 28 | 62 | Maximum award | £83,000 | | £2,001-£4,000 | 30 | 51 | Median award | £1,273 | | £4,001-£6,000 | 10 | 19 | Average award | £2,830 |

______________________________________________________________________

18 This does not include costs awarded for waste or preparation 19 There are four cases where a cost award over £10K has been recorded. In the first case costs were determined by a county court, in the second case a cost award of over £50K was made at Tribunal, in the third case the claimant was ordered to pay costs of £10K to each of four respondents, and, in the final case a cost award was made of £11K but capped at £10K. 20 The level of costs was determined at county court. 21 There are 3 Cases where an award was made to the Secretary of State with awards of £500, £750, & £4,060 Table 13: Summary of Receipts and Disposals at EAT

| Appeals Received | 2,048 | |------------------|-------| | Appeals Disposed | | | Rejected - out of time | 279 | | Rejected - no reasonable prospect of success | 959 | | Withdrawn prior to registration | 167 | | Withdrawn after registration | 150 | | Struck out | 23 | | Dismissed at preliminary hearing | 60 | | Disposed at full hearing | 363 | | **Total Disposed** | **2,001** |

Table 14: Cases dealt with at preliminary hearings by EAT

| Brought by employers | Brought by employees | All | |----------------------|----------------------|-----| | Dismissed at hearing | 13 | 47 | 60 | | Allowed to full hearing | 33 | 83 | 116 | | **All** | **46** | **130** | **176** |

Table 15: Appeals disposed of by EAT at a full hearing

| Brought by employers | Brought by employees | All | |----------------------|----------------------|-----| | Dismissed at hearing | 67 | 102 | 169 | | Allowed | 56 | 35 | 91 | | Allowed & remitted | 50 | 53 | 103 | | **All** | **173** | **190** | **363** |

Table 16: Appeals withdrawn

| Brought by employers | Brought by employees | All | |----------------------|----------------------|-----| | Withdrawn before Preliminary hearing | 10 | 12 | 22 | | Withdrawn before Full hearing | 77 | 51 | 128 | | **All** | **87** | **63** | **150** |

______________________________________________________________________

22 See table 16 23 See Table 14 24 See Table 15 Explanatory Notes

ET Information in Nottingham and Leicester

Historically, Employment Tribunals statistics have been extracted from the ETHOS case management system. However, a pilot replacement system was developed (Caseflow). The pilot of the Caseflow system commenced in Nottingham in November 2009, and whilst steps were taken to protect the data through to the end of the 2009-10 reporting year (i.e. to 31 March 2010) the resource required to maintain duplicated entry onto the old ETHOS system was simply not sustainable. There was every expectation that the new system would be in a position to provide the data very early in the new reporting year. The pilot of Caseflow was extended to Leicester with effect from 24 May 2010. Data for Leicester was available from ETHOS up until that point.

The Caseflow system has now ceased and a reversion has taken place to the former ETHOS system. In some cases complete data has not been available for Nottingham and Leicester. Whilst there is robust data on receipts of claims, disposals (although likely to be a small undercount) and caseload outstanding, with regard to Nottingham and Leicester, jurisdictional claims and performance data is incomplete. Data quality and sources

Information presented in this report is management information drawn from a number of administrative sources. Although care is taken when processing and analysing the data, the details are subject to inaccuracies inherent in any large-scale recording system and it is the best data that is available at the time of publication. HMCTS is examining the quality of management information. Thus, it is possible that some revisions may be issued.

Revisions Some statistics were correct at the time of publication but have been revised following data quality checks or reconciliation. These values have been marked as ‘r’. Definitions

Receipt – Volumetric term covering the acceptance of a case by a HMCTS Tribunal.

Disposal – A disposal is the closure of a case when work has ceased to be done. This can be through a claim being withdrawn, settled, dismissed or being decided at a hearing.

Caseload outstanding – The number of cases outstanding at the end of the period and still waiting to be dealt with to completion.

Employment Appeal Tribunal - The Employment Appeal Tribunal (EAT) is headed by a President (who is a High Court Judge) and a Registrar. It has offices in London and Edinburgh and also occasionally sits in Cardiff. The main function of the EAT is to hear appeals from decisions made by Employment Tribunals. An appeal must be on a point of law, i.e. it must identify flaws in the legal reasoning of the original decision. The EAT will not normally re-examine issues of fact. The EAT powers are set out in Part II of the Employment Tribunals Act 1996 (as amended) and the Employment Appeal Tribunal Rules 1993 (as amended).

ET Claim – A claim may be brought under more than one jurisdiction or subsequently amended or clarified in the course of proceedings, but will be counted only once.

ET single and multiple claims – Claims to the Employment Tribunal may be classified into two broad categories – singles and multiples. Multiple cases are where two or more people bring cases, involving one or more jurisdiction(s) usually against a single employer but not necessarily so, for instance in TUPE cases, and always arising out of the same or very similar circumstances. As a multiple, the cases are processed together.

ET Jurisdiction – The Employment Tribunal powers to hear a claim are determined by legislation, with statutory provisions defining the ambit of the jurisdiction that can be covered by a claim to an Employment Tribunal.

ET Jurisdictional mix – A claim may contain a number of grounds, known as jurisdictional cases. In any hearing, the tribunal has to decide upon the merits of the claim made under each jurisdiction e.g. unfair dismissal and sex discrimination. The total number of jurisdictions covered by each case gives a truer measure of workload than the number of claims. The jurisdictions covered by ET are wide ranging, from discrimination and unfair dismissals to issues around salary and working conditions.

Hearing – The hearing is a meeting at which the tribunal panel considers evidence (either orally or paper based) and reaches a decision (where the decision may be to adjourn or to agree a final outcome). If the hearing is adjourned and restarted, it counts as one hearing.

Examples of hearings include:

- Paper hearings;
- Oral hearings;
- Case Management Discussions;
- Decision on Eligibility.

**Oral Hearing** – A hearing where the party (ies) and/or their representative(s) attend (this can be by telephone or by video conference).

**Paper Hearing** – Consideration of the case using documents, and not requiring any physical appearance by the parties.

**Withdrawal** – The applicant/claimant/appellant ceases action either before or at the hearing.

**Settlement** – Cases settled without the need for a hearing. A third party may have been involved in the process.

**Outcome of hearing** – The outcome of the hearing is the final determination of the proceedings or of a particular issue in those proceedings; it may include an award of compensation, a declaration or recommendation and it may also include orders for costs, preparation time or wasted costs either in favour or against an appellant. **Note:** ET records outcomes for each act (or jurisdiction), not for the hearing. Table conventions

Rounding Figures in the tables are rounded independently and thus may not add to figures because of rounding. The following conventions have been used throughout:

- Values less than 100 remain as unit values.
- Values from 100 to 999 are rounded to the nearest 10.
- Values of 1,000 and over are rounded to the nearest hundred.

Notation The following symbols have been used throughout the tables in this bulletin:

. = Not applicable .. = Not available

- = Small Value 0 = Nil (r) = Revised data (p) = Provisional data

Contact points for further information Spreadsheet files of the tables and graphs contained in this document are also available for download from this address.

Press enquiries should be directed to the Ministry of Justice press office:

Email: press.office@justice.gsi.gov.uk

Other enquiries about these statistics should be directed to:

HMCTS Performance, Analysis and Reporting Team 4th Floor Taylor House 88 Rosebery Avenue London EC1R 4QU Email: tsstats@hmcts.gsi.gov.uk General enquiries about the statistical work of the Ministry of Justice can be e-mailed to: statistics.enquiries@justice.gsi.gov.uk

General information about the official statistics system of the UK is available from www.statistics.gov.uk